Madras High CourtCMA(MD)/1842/2013dismissed

The Branch Manager v. Thiyagarajan

2019-06-19Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Wednesday, the Nineteenth day of June, Two Thousand and Nineteen present THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.M.A(MD)No.1842 of 2013 The Branch Manager, Oriental Insurance Company Limited, C.K.H. Building, Thazhepalam, Ponnani Road, Tirur, Kerala - 627 010.

.. Appellant/2nd Respondent Vs.

1.Thiyagarajan .. 1st Respondent / Claimant 2.Haneefa [R2 - Given up] .. 2nd Respondent / 1st Respondent PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and decree dated 22/08/2012 made in MCOP No.233 of 2012 on the file of the Additional District and Sessions Judge/(MACT), Pudukkotai. DECREE: Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Tribunal, and the material papers to the Appeal and upon hearing the arguments of Mr.C.Jawahar Ravindran, Advocate for the Appellant and of Mr.P.GanapathiSubramanian, Advocate for the first Respondent, this Court doth order and decree as follows:

1.That the Judgment and decree dated 22/08/2012 made in MCOP No.233 of 2012 on the file of the Additional District and Sessions Judge/(MACT), Pudukkottai be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed;

2.That the Appellant herein/Insurance Company be and hereby is https://hcservices.ecourts.gov.in/hcservices/ directed to deposit the entire award amount, less the amount already deposited, with accrued interest and costs, within a period of eight

weeks from the date of receipt of copy of this Judgment; 3.That on such deposit being made, the claiment herein/Respondent be and hereby is permitted to withdraw the entire award amount, less the amount already withdrawn if any, by filing an application before the Tribunal;

4.That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To The Motor Accident Claims Tribunal, Additional District and Sessions Court, Pudukkottai.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES) +1 CC to M/s.C.JAWAHAR RAVINDRAN, Advocate ( SR-70498[F] dated 21/06/2019 ) +1 CC to M/s.P.GANAPATHI SUBRAMANIAN, Advocate ( SR-70626[F] dated 21/06/2019 DATED:19/06/2019 DECREE C.M.A(MD)No.1842 of 2013 NATURE OF THE DECREE: Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the Additional district and Sessions Judge, Pudukkottai, (MACT), dated 22/08/2012 made in MCOP No.233 of 2012.

KK/SAR/17.07.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/